View full sizeThomas Boyd/The OregonianDeath row inmate Gary Haugen is led to the Marion County Courthouse last October for a hearing.

Two attorneys who previously represented death row inmate Gary Haugen are facing contempt-of-court charges for actions they took more than a year ago when they appealed a judge's decision after saying they would not.

The unusual prosecution -- rarely are contempt charges levied independently of an ongoing case -- has raised hackles. The charges against Andy Simrin of Portland and W. Keith Goody of Cougar, Wash., appear in the state's judicial system as a criminal matter, even though contempt of court is not a crime. The prosecutor is seeking fines or jail time of up to six months for each of the five counts. And a judge initially tried to have the lawyers fingerprinted, photographed and booked -- a move reserved only for those accused of a crime.

The action reflects the long-standing rancor that has surrounded every step of the controversial case. Haugen's demand to be executed -- and the efforts to block it -- have commanded the attention of lawyers and judges from three counties, the state, the governor and Oregon's highest court, with no end in sight.

"I've never seen (contempt of court) used in this way ever," said attorney Richard Wolf, who represents Goody. "I've never seen it for the lawful filing of an appeal to a higher court."

The contempt charges stem from Simrin's and Goody's last act as lawyers for Haugen. In the few months that the two lawyers represented Haugen in 2011, they battled repeatedly with their client, arguing that Haugen was not mentally competent to waive his appeals and be executed.

In July 2011, Marion County Circuit Court Presiding Judge Jamese Rhoades granted Haugen's request to replace his attorneys, finding that their relationship was "irretrievably broken." But she allowed the two to remain until replacements could be appointed. Not only did Rhoades instruct Simrin and Goody to get her permission if they felt something needed to be filed on Haugen's behalf, but Simrin repeatedly said he would not file an appeal. "I can't envision, for the life of me, any filing in any court that Mr. Goody or I would be inclined to file within the next 24 hours," he said at the time.

But five hours later, Simrin and Goody submitted a request to the state Supreme Court asking to be reinstated as Haugen's attorneys. Although they sent a fax to notify Rhoades, they did not seek her permission. The Supreme Court denied the attorneys' request and Haugen's efforts to be executed were eventually blocked last November when the governor issued a reprieve.

Simrin's and Goody's move did not go unnoticed, and in August 2011, the Marion County district attorney's office forwarded the matter to their counterparts in Washington County to evaluate, said Roger Hanlon, Washington County chief deputy district attorney. Hanlon filed the charges in July. He declined to comment on the case.

The attorneys representing Simrin and Goody defended the Supreme Court request, noting that Rhoades did not include in her written order the requirement that they get her permission before filing anything.

In addition, they argue that Rhoades does not have the authority to prohibit an appeal of her decision.

"From reading the record and studying the case, it appears that Andy Simrin is a good lawyer who was doing a great job in a very difficult situation," said his attorney Larry Matasar.

Although the two lawyers have made their first appearance, the case is now in limbo. Their attorneys secured a stay from the Oregon Supreme Court last week. The justices also ordered the Lane County judge overseeing the case not to require the lawyers to report to jail for booking as they had been instructed to.

The order came on the same day that Haugen's challenge of the governor's reprieve and bid to resume execution proceedings succeeded in circuit court. An appeal of that decision is expected.